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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice.
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My son wanted to please guilty to a routine 'over 30 mph'

Customer Question

My son wanted to please guilty to a routine 'over 30 mph' speeding offence, pay the fixed penalty and accept the points. However, he was relocating abroad, and was granted extra time, by the police, to produce his licence for endorsement. Through no more than an oversight, he then omitted to produce his licence within the extended period. Without further ado, the police referred the case to a magistrates court, which has now imposed a fine of �700,plus a �70 'Victim Sur' (charge?), and �85 in costs. This seems excessive, for exceeding a 30mph limit, and for being late in producing his licence. (At the time of pleading guilty, my son was in work, but has subsequently lost his job and has no assets and only very limited income). Should he appeal the fine and surcharge?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

To be wholly honest, there is no point.

Whichever way you look at this, he did not send him licence in. Therefore the fixed penalty could not be imposed so it had to go to court.

At court, this is actually a fairly standard penalty. The costs and the surcharge are correct. The fine should between 125-175% of his weekly income. If he didn't respond filing out the means form then they presumed his income was £415 a week which would be about right on the figures.

If the figures are wrong then he could appeal but he will face costs at the Crown Court.

It depends what his priorities are really. If he appeals he could end up paying slightly more when costs are factored in.

The only issue I suppose is that he would not be working at the time the matter got to court so the weekly income would reduce but then if you factor in costs it might all be much the same.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

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